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Tolerance Allowed - UCP 600 Sub-Article 30 (C)

Posted: Thu Jan 15, 2015 4:25 pm
by dieselica
Hello everyone!

I am in need of your help with interpretation of UCP600 sub-article 30 (c).

We received L/C in amount of EUR 12.000,00, without any tolerance indicated.
Description of goods states: + 100 pieces of goods A at price of EUR 100 per piece.
Additional conditions states: Tolerance of +/-7% in quantity and unit price allowed.
Partial shipment not allowed.

Would you consider such additional condition in conflict with L/C amount not indicating any tolerance?

One opinion is that the tolerance in quantity and/or unit price shouldn't be allowed if there is no tolerance allowed in regard to the L/C amount. Also, if there is tolerance in L/C amount, quantity and unit price allowed, it shouldn't differ from each other. E.g. if tolerance in L/C amount +7/-9% is allowed, than tolerance in quantity and/or unit price should also allow +7/-9% only (presumably there is quantity and/or unit price specified as part of description of goods). If there is no tolerance allowed regarding L/C amount, than no tolerance (whatever value) is to be allowed regarding quantity and/or unit price.

Other opinion is that the tolerance in quantity and/or unit price should be allowed in whatever value even though no tolerance has been allowed regarding L/C amount. E.g. tolerance of +3/-4% has been allowed regarding quantity, tolerance od +5/-6% has been allowed regarding unit price, but there is no tolerance allowed regarding L/C amount which is considered to be ok, as long as L/C amount is not exceeded.

Second opinion is backed up by UCP600 sub-article 30 (c) which states:
Even when partial shipments are not allowed, a tolerance not to exceed 5% less than the amount of the credit is allowed, provided that the quantity of the goods, if stated in the credit, is shipped in full and a unit price, if stated in the credit, is not reduced or that sub-article 30 (b) is not aplicable. This tolerance does not aply when the credit stipulates a specific tolerance or uses the expressions referred to in sub-article 30 (a).

All comments shall be greatly appreciated. :)

Tolerance

Posted: Fri Jan 16, 2015 12:15 pm
by picant
Hi Pal,

<art 30 a, allows the possibility to have tolerance in credit amount, quanty and unit price.
The l/c stated a maximum amount that covers the maximum possible amount to be available, IMHO 107 x 107= EUR11.449,00.
Other comments appreciated
Ciao

Tolerance

Posted: Sun Jan 18, 2015 1:11 pm
by imuwhocares
Issuing bank will honour only EUR 12.000,00 as per article 30 (c) of UCP as per

your Additional conditions is only for Tolerance of +/-7% in quantity and unit price not for LC Value. Issuing Bank undertake to honor only EUR 12.000,00

Tolerance

Posted: Tue Mar 31, 2015 12:17 am
by hardy2175
Tolerance has deliberately been mentioned in the additional conditions and not in field 39a of swift as that would mean tolerance +/- 7% for the LC , While in the addition conditions the tolerance is only for the quantity or the unit price but the intention is that the total max credit amount does not change